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HomeMy WebLinkAbout5844RESOLUTION NO. 5844 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH KGCAL SUMNER MEADOWS LLC RELATED TO THE PREVIOUS BOUNDARY ADJUSTMENT WITH THE CITY OF SUMNER WHEREAS, KGCAL is building an industrial project ("Project") in the City of Sumner. To ensure that the entrance to the Project was located within Sumner, Auburn and Sumner agreed to relocate the boundary between the cities to the north at the Project location through Resolution 5371, WHEREAS, as a result of the line change, the driveway used by Auburn staff to access a sand/salt bin for inclement weather operations was proposed to be on KGCAL property in the City of Sumner, WHEREAS, to address this, KGCAL granted an easement to Auburn recorded under #202406210396 ("Easement"). Auburn and KGCAL have now agreed that KGCAL will make access improvements that will allow Auburn to access its sand/salt bins from a public right of way without the easement, Once the improvements are completed to Auburn's reasonable satisfaction, Auburn will release the Easement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RESOLVES as follows: Section 1. The Mayor is authorized to enter into an agreement with KGCAL Sumner Meadows LLC in substantial conformity with the agreement attached as Exhibit 0 Section 2. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Resolution No. 5844 June 16, 2025 Page 1 of 2 Rev. 04/24 Section 3. This Resolution will take effect and be in full force on passage and signatures. Dated and Signed this 21st day of July, 2025. ATTEST: Shawn Campbell, MMC, City Clerk Resolution No. 5844 June 16, 2025 Page 2 of 2 CITY OF AUBURN Jason Whalen, City Attorney Rev. 04/24 Resolution 5844, Exhibit A 1 AGREEMENT THIS AGREEMENT is entered into between KGCAL Sumner Meadows LLC (“KGCAL”) and the City of Auburn, a Washington Municipal Corporation, located and doing business at 25 West Main Street, Auburn, Washington 98001 ("Auburn"). WHEREAS, KGCAL is building an industrial project (“Project”) in the City of Sumner. To ensure that the entrance to the Project was located within Sumner, Auburn and Sumner agreed to relocate the boundary between the cities to the north at the Project location through Resolution 5371; and WHEREAS, as a result of the line change, the driveway used by Auburn staff to access a sand/salt bin for inclement weather operations was proposed to be on KGCAL property in the City of Sumner; and WHEREAS, to address this, KGCAL granted an easement to Auburn recorded under # 202406210396(“Easement”). Auburn and KGCAL have now agreed that KGCAL will make access improvements that will allow Auburn to access its sand/salt bins from a public right of way without the easement. Once the improvements are completed to Auburn’s reasonable satisfaction, Auburn will release the Easement. NOW, THEREFORE, Auburn and KGCAL hereby agree as follows: 1) KGCAL will make the improvements described on the plans attached as Exhibit A (the “Work”) by September 15, 2025. 2) Upon completion of the Work, to the reasonable satisfaction of Auburn, Auburn will release the Easement. THE CITY OF AUBURN KGCAL ____________________________________ NANCY BACKUS, MAYOR Docusign Envelope ID: CDE6174A-5314-4708-AB28-C95D2896C7D9 Rick Gervais Resolution 5844, Exhibit A 2 ATTEST: SHAWN CAMPBELL AUBURN CITY CLERK APPROVED AS TO FORM: JASON WHALEN AUBURN CITY ATTORNEY Docusign Envelope ID: CDE6174A-5314-4708-AB28-C95D2896C7D9 Resolution 5844, Exhibit A 3 EXHIBIT A Docusign Envelope ID: CDE6174A-5314-4708-AB28-C95D2896C7D9 Resolution 5844, Exhibit A 4 Docusign Envelope ID: CDE6174A-5314-4708-AB28-C95D2896C7D9 Resolution 5844, Exhibit A 5 Docusign Envelope ID: CDE6174A-5314-4708-AB28-C95D2896C7D9